Samsung Loses Bid to Delay Tablet Sales Ban in Apple Suit

Samsung Electronics Co. lost its bid
to put on hold a court order barring sales of its Galaxy 10.1
tablet computer in the U.S. until an appeals court rules on the
matter.

U.S. District Judge Lucy Koh yesterday rejected Samsung’s
request to stay her June 26 order while the company pursues an
appeal. That order was followed by Koh’s June 29 ruling blocking
U.S. sales of Samsung’s Galaxy Nexus smartphone. Samsung, the
world’s biggest maker of mobile phones, filed its notice of
appeal of that order today as it awaits Koh’s ruling on a
request to stay that injunction.

“As Samsung itself concedes, the injunction will cause
Samsung minimal harm because it has other tablet products on the
market,” Koh wrote in her order yesterday in the litigation
between Samsung and Apple Inc. (AAPL:US) “In contrast, a stay would
further irreparably harm Apple. In light of these findings, the
balancing of equities favors Apple.”

The ruling is the latest in the patent infringement lawsuit
Apple filed in San Jose, California, and which is scheduled to
go to trial July 30. The world’s two biggest makers of high-end
phones have accused each other of copying designs and technology
for mobile devices and are fighting patent battles on four
continents to retain their dominance in the $219 billion global
smartphone market.

Ban ‘Improper’

Samsung, based in Suwon, South Korea, argued in a court
filing that Koh’s order barring tablet sales is “improper” and
should be lifted while the company appeals the ruling. The court
relied on old evidence and has refused to consider newer
evidence demonstrating that a patent at issue in the case is
invalid, according to the filing.

Koh rejected that argument, writing in her order that
Samsung “has not raised a substantial question of validity” of
the patent at issue.

Samsung is disappointed with the court’s decision, Nam Ki Yung, a Seoul-based spokesman, said in an e-mail.

“We believe today’s ruling will ultimately reduce the
availability of superior technological features to consumers in
the United States,” Nam said.

Apple has previously said it isn’t a coincidence that
Samsung’s latest products look like the iPhone and iPad. It has
said the “blatant copying” is wrong and that it needs to
protect its intellectual property. Kristin Huguet, a spokeswoman
for Cupertino, California-based Apple, declined to comment
beyond the company’s earlier statement.